Facts:

• The case involves Tomas Birueda, a corporal in the Constabulary, and two co-defendants who did not appeal.
• The events occurred in the Philippines and were decided on February 24, 1905.
• Birueda and his companions took 250 pesos from the owner while he was tied to a wall in his home.
• The owner and three others were restrained under suspicion of aiding a band of robbers.
• The lower court found that the money was taken without violence, as it was in an open drawer and no intimidation was used at the time of the theft.
• The owner had been tied for several hours before the money was taken, which the court ruled did not constitute violence related to the theft.
• The court imposed a penalty of two years of presidio correccional, considering the amount taken and aggravating circumstances.
• A separate complaint was suggested for an incident where Birueda allegedly solicited 50 pesos from the owner the day after the theft.

Issue:

• (Unlock)

Ruling:

• The court ruled that the act constituted theft, not robbery, as defined by the Penal Code.
• The penalty of two years of presidio correccional was affirmed as appropriate.
• The court determined that the solicitat...(Unlock)

Ratio:

• The court's reasoning focused on the definitions of robbery and theft in the Penal Code.
• For robbery, there must be violence or intimidation directed at a person or property.
• The owner and his companions were already restrained before the money was taken, and the act did not involve violence or intimidation.
• The idea t...continue reading